Hoagland v. Hoagland

JONES. J.

1. Where husband and wife, in contemplation of separation, enter into mutual covenants for release of dower and distributive share, and as part consideration therefor, the husband pays the wife the sum of $5000.00 which she accepts, and separation occurs pursuant thereto, such contract, if made in ac*389cordance with the rules controlling actions of pctrsons occupying confidential relations, is lawfully permitted under Section 8000. General Code.

2. Sections 7999 and 8000, General Code, when construed together, permit a husband and wife contemplating such separation, to enter into an…